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1. It was concluded on July 21, 201 by the Defendant and a new agricultural partnership on the real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On April 10, 2014, the Plaintiff entered into a credit guarantee agreement with a new agricultural partnership company, the Nonghyup Bank, the NongHyup Bank, and the guaranteed amount of KRW 425,00,000. 2) Around that time, a new agricultural partnership obtained a credit guarantee certificate from the Plaintiff and entered into a loan transaction agreement with the NongHyup Automatic branch.
3) A new agricultural partnership violated a loan transaction agreement with the Nonghyup Bank. The Plaintiff subrogated for KRW 429,277,969 to the Nonghyup Bank on March 17, 2017 in accordance with a credit guarantee agreement. B. A new agricultural partnership that disposes of real estate by a new agricultural partnership on July 21, 2016 (hereinafter “instant real estate”).
(C) As of July 21, 2016, as of July 21, 2016, the new agricultural partnership’s active property amounting to KRW 20 million was the instant real estate as of July 21, 2016. On the other hand, the new agricultural partnership was liable for the principal and interest of KRW 500 million on the Nonghyup Bank in addition to the Defendant’s claim for the principal and interest of KRW 358,80,000,000, the new agricultural partnership was liable for the principal and interest of KRW 500 million on the loan amount of KRW 358,80,000. [Grounds for recognition] 1 through 5, and 7 evidence (including a serial number; hereinafter the same shall apply) of the new agricultural partnership.
statement, the purport of the whole pleading
2. Determination
A. A claim entitled to the protection of the obligee’s right of revocation with respect to the existence of the preserved claim should, in principle, have occurred prior to the obligor doing any juristic act detrimental to the obligee.
However, there is a high probability that the legal relationship, which is the basis of the establishment of the claim, has already been established at the time of the juristic act, and that the claim is created in the near future, and in the near future, the creditor's right of revocation can be the preserved claim in case the claim has been created.